HomeMy WebLinkAbout02-14-06 Minutes P&Z
MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, FEBRUARY 14,2006
CALL TO ORDER
Chairman Golden called the meeting to order at 7:04 p.m. Following a moment
of silent meditation and the Pledge of Allegiance to the Flag, a quorum was
declared present.
PRESENT: Chairman Golden, Vice-Chairman McKey (arrived 7:06 p.m.),
Members Campbell, Conkling, Keller, Rhodus, Sills, and West. Also
present were Community Development Director Wagner, Planning
Manager Armstrong, Principal Planner James, Senior Planner
Fabre, and Administrative Assistant III Aycock.
ABSENT: Member Morris (excused).
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Regular Meeting held on
Tuesday, January 10, 2006.
Member Keller. seconded bv Member CamDbell. moved to acceot the Consent
Aaenda as oresented. Motion carried unanimouslv.
NEW BUSINESS
LIVING WATERS CHURCH - SPECIAL EXCEPTION
Terry James, Principal Planner, presented a future land use map of the location
in subject. He said the land area for the entire shopping center parcel is 8.15
acres and the site of this proposed project located in Space # 14 is at the west
end of the existing Ocoee Shopping Center. The shopping center is under new
ownership, and is located on the northwest corner of Ocoee-Apopka Road and
Silver Star Road. The new owner is Mike Mansour.
Principal Planner James expressed concerns with the retention pond and
drainage for the area. He presented pictures of the area and explained how the
drainage is currently set up. He said another issue is with the signage and the
lack of landscaping around such. He added that the dumpsters behind the plaza
are not screened as required.
Planning and Zoning Commission Regular Meeting
February 14,2006
Principal Planner James stated the City is working with the owner/applicant to
upgrade the shopping center as part of the special exception conditions of
approval. If the special exception is approved, within six months the owner will
provide an up to date site plan with the improvements required.
DISCUSSION
Member Keller inquired if there were any signs of the bar in there that may be
required to be removed if this special exception is passed. Principal Planner
James said, according to Ordinance No. 2003-33, the location of the church
within this shopping center will preclude any other bar from being locating in the
shopping center. However, the current bar will not be affected.
Principal Planner James said the Torero Restaurant/Bar has an active liquor
license and is located approximately 250 feet east of the proposed church use.
The applicant is aware of this bar and its location. In addition, subsection
38.5.1 (c) of the ordinance will require additional restrictions for the existing bar
such as prohibiting outdoor speakers, allowing outdoor entertainment only by
special permit and prohibiting such entertainment during the church services or
when the entertainment will interfere with the normal operations of the church.
The ordinance also prohibits signs advertising the sale of alcoholic beverages or
identifying alcoholic beverage products:
. On the exterior of the building;
. Located interior of the building within six inches of a window; and
. Visible from the outside of the building.
Staff and board members proceeded with questions regarding City Ordinance No.
2003-33 and the definition of the word "established" being used regarding a
church being located near a bar.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 6, 2006, to discuss
the Special Exception for Living Waters Church. The DRC recommended the
Planning & Zoning Commission recommend approval of the special exception
application for Living Waters Church in Space #14 of the shopping center subject
to the "Special Exception Conditions of Approval" and Community Development
and Engineering Departments' review comments contained in the 3rd Staff Review
dated November 22, 2005, and December 21, 2005, respectively.
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Planning and Zoning Commission Regular Meeting
February 14,2006
STAFF RECOMMENDATION
Based on the recommendation of the DRC, Staff respectfully recommends that
the Planning and Zoning Commission recommend approval of the Special
Exception application for Space #14 for the Living Waters Church subject to the
attached "Special Exception Conditions of Approval" listed 1 - 8 (e)iii and the
review comments contained in the 3rd staff review.
The Public Hearing was opened.
Ken Artigas, Living Waters Church Administrator, explained that they are
currently leasing a building on McKey Street that they were granted approval to do
for two years from the City of Ocoee. He said the church has purchased 22 acres
on Ocoee-Apopka Road to build on in the future. Recently, they have signed an
agreement to lease Space #14 in the shopping center for their sanctuary;
however, their offices will remain on McKey Street. His major concern is that they
have been working on the exception for ten months and when they signed the
lease with the owner they were informed it would take only 3-4 months to
complete the process so that they could move in. Now the process has extended
for ten months and they are struggling financially to pay for the space that they are
unable to use. He asked the board that no other restrictions be enforced on the
Church's part that restrains them from moving in.
Member McKey asked who is liable for the special conditions, the Church or the
plaza owner. Community Development Director Wagner said the special
exception goes to the property owner because these older shopping centers must
be brought up to code. He said it is not a requirement to the Church to move in
and do their own renovations inside; however, the owner has guidelines to follow
and the Planning Department is willing to work with them on a time frame. He
added that the owner had been out of town for a month and he is waiting to hear
where he is at in this process relating to the time frame expected. Community
Development Director Wagner said that as long as they had a developer
agreement, then the Church could get a Certificate of Occupancy to move in while
the owner of the property completed the requirements of the City.
Mr. Artigas expressed his concern that if there is not a development agreement
they are still tied to the lease. Assistant City Attorney Storey said that was a
conflict between the owner and the Church and had no relation to the City.
Magdy (Mike) Mansour, Owner of Shopping Center, stated his intention is to
bring his property up to date and if he had known it would take this long he would
not have signed a lease with the Church. The City had originally told him it would
take 3-4 months and that is the information he passed along to the Church.
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Planning and Zoning Commission Regular Meeting
February 14,2006
Member Sills asked if he planned to follow through with the City on the developer
agreement so that the Church does not suffer any further from the situation. Mr.
Mansour agreed that he would follow through.
The Public Hearing was closed.
Member Camobell. seconded bv Member West. based upon the staff report and
DRC recommendation for approval moved to approve the special exception
application for space #14 to Livinq Waters Church. subiect to the attached special
exception conditions of approval and the review comments contained in the staff
review. Motion carried unanimouslv.
GOD'S FACTORY CHRISTIAN CENTER - SPECIAL EXEPTION
Principal Planner James announced that this special exception is for Space #10
of the same shopping center that was heard prior. Assistant City Attorney
Storey said the comments of the past item, Living Waters Church, applied to this
item as well.
DISCUSSION
Pastor Steve Rohr, God's Factory Christian Church, thanked Mr. James for all
of his help in this process.
The Public Hearina was ooen.
As there was nobody who wished to soeak. the Public Hearina was closed.
Chairman Golden stated the comments from the prior agenda item could be
continued for this item as well, since they are on the same property with the same
conditions of approval. Principal Planner James said, essentially, the language
used in conditions 1-7 differs slightly and is the same beginning with number 8.
Assistant City Attorney Storey said that only one developer agreement relating
to the property was necessary, rather than one for each church.
Member Camobell. seconded bv Member Keller. moved to recommend approval
of the Special Exception application for Space #10 for the God's Factory Christian
Center. subiect to the attached special exception conditions of approval and the
Citv Attornev's office review comments contained in the first staff review dated
January 23. 2006. Motion carried unanimouslv.
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Planning and Zoning Commission Regular Meeting
February 14, 2006
WESTRIDGE (aka MEADOW RIDGE) - FINAL SUBDIVISION PLAN
Antonio Fabre, Senior Planner, stated the applicant has requested a name
change to Meadow Ridge and will bring it to the next City Commission meeting.
He said the Westridge PUD consists of commercial and residential components;
however, they are only making actions on the residential portion. The City
Commission, on August 17, 2004, reviewed and approved the Preliminary
Subdivision Plan for Westridge PUD with the condition that the Preliminary
Subdivision Plan be revised to be consistent with the Land Use Plan and the
Conditions of Approval as set forth in Ordinance No. 2004-19. Subsequently, the
applicable conditions have been met with this Final Subdivision Plan submittal.
Senior Planner Fabre presented a future land use map and explained the
subdivision plan as layed out. He said that the applicant is proposing to do some
improvements on Maguire Road for the right lane coming into the sight, as well as
the left turn lane. Seventh Avenue is planned to have a resident's only access
and Moore Road will probably have some additional right of way. He said the
power lines were placed in the right of way prior to the developer coming in that
will need to be relocated. The applicant has agreed to give an additional five feet
of right of way along Moore Avenue to resolve that. The developer has
contributed $160K to the project and has committed to another $1 OOK.
Senior Planner Fabre stated the other issue with the project is to ensure that
measures are provided for any potential overflow to the wetland. He said the
applicant agreed to look into the issues and resolve them prior to the City
Commission meeting.
DEVELOMENT COMMITTEE REVIEW
The DRC recommended the Planning & Zoning Commission recommend approval
of the Final Subdivision Plan, subject to the developer making changes to the
plans as specified in the staff report.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, Staff respectfully recommends that
the Planning and Zoning Commission recommend approval of the Final
Subdivision Plan for Westridge, aka Meadow Ridge, subject to completing the
staff report.
DISCUSSION
Member West inquired about the access available on Seventh Avenue.
Community Development Director Wagner stated that the road turns into
private property and the developer dedicated an additional sixty feet of right of
way to turn into subdivision. The City has negotiated with the developer to have
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Planning and Zoning Commission Regular Meeting
February 14, 2006
$1 OOK toward the construction of Seventh Avenue. He said the School Board
owns the street and originally had the gate closed; the City asked them to open
that up.
Member McKey commented on how windy the road is when it comes into
Thornebrooke. Community Development Director Wagner said that was
purposeful to prevent a lot of traffic because of the school entrance.
Member Conkling inquired about the big drain pipe near the school. Community
Development Director Wagner stated the pipe is a new outfall structure from the
Oaks of Windermere at the end of Thornebrooke and is in the County. He said
they experienced major flooding due to the hurricanes and was looking for a way
to relieve that so, the engineer came up with a relief pipe that runs into the
drainage ditch. He said it is supposed to top off at 100 ft. storm level and had to
be modified. He said there should not be water running out of it right now and he
will look into that.
The Public Hearing was opened.
John Townsend, Meadow Ridge Project Manager, introduced himself and
asked if there were any questions. Member McKey suggested putting in a sport
field for the kids in the neighborhood because the Ocoee Parks & Recreation
Advisory Board has money for fields, but no land to put them on. He also inquired
about trees in the neighborhood.
Member Campbell inquired if any buildings were being made in the development
as a meeting room since they would have over 100 homes. Mr. Townsend
assured that an air-conditioned community meeting room was to be built.
Chairman Golden inquired about the potential flooding on Thornebrooke and the
developer's plans to address the issue. Mr. Townsend stated they agreed to
provide a foot of free board above the calculated proposed development of 100
year flood gate in the wetland; a free board already exists in the pond. He said a
berm would be added to provide a minimum of a foot of free board along
Thornebrooke at the road areas as added protection from that wetland.
Community Development Director Wagner announced the DRC Engineer was
to go back to model that area and determine any changes that may be necessary
to the elevation. He said the City Engineer and Public Works Director are
concerned with the berm approach and are tending to look at the outfall structure
so he asked Mr. Townsend to consult with them to resolve the issue.
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Planning and Zoning Commission Regular Meeting
February 14,2006
PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS
Discussion ensued regarding the drainage issues.
The Public Hearing was Closed.
Member West. seconded bv Member McKev. moved to recommend approval of
the Meadow Ridae Final Subdivision Plan. as date stamped received bv the Citv
on Januarv 13. 2006. subject to incorporate the staff comments into the plans
prior to the Citv Commission meetina. Motion carried unanimouslv.
WESMERE PROPERTY - FINAL SUBDIVISION PLAN
Catherine Armstrong, Planning Manager, said the Wesmere Property site is
located on the east side of Maguire Road, north of Cross Creek subdivision and
south of the Florida Turnpike and is proposed to be developed with three (3) lots
and nine (9) tracts. She said the next item under the agenda is the Villages of
Wesmere and presented a location map of both. The zoning of the property is a
mixture of Commercial on the north side where Tomyn Boulevard is going to be
extended. The south side is zoned Multi-Family, which is conducive with the town
homes to be considered under the next item.
Planning Manager Armstrong said the property is to be developed into three
lots. Lot 1 is proposed to be commercial and contains 14.10 acres; Lot 2 is
proposed as a future elementary school site and contains 13.50 acres; and Lot 3
is proposed as residential town homes (Villages of Wesmere) and contains 49.41
acres. The nine tracts include a lift station, a master wet retention pond covering
16.99 acres, buffers and future right-of-way for the extension of Tomyn Boulevard
east of Maguire Road. Access into the subject site will be provided from the east
side of Maguire Road and the north and south side of the Tomyn Boulevard
extension.
Planning Manager Armstrong said that because this property, aside from Lot 1,
is vested from concurrency, a traffic study was submitted by the applicant
analyzing only operational improvements. Improvements identified were a
northbound right turn lane on Maguire Road at Tomyn Boulevard and turn-lane
improvements to the intersection of Maguire Road and Tomyn Boulevard including
mast arm installation to add a traffic signal for west bound traffic on Tomyn
Boulevard. Ten (10) feet will be conveyed to the City at the time of platting to
accommodate the right turn/deceleration lane by the Wesmere Property master
developer. In addition, the proposed extension of Tomyn Boulevard will be
constructed prior to or concurrent with the town home development (Lot 3) by the
Wesmere Property master developer. At the time of site plan submittal for Lot 1,
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Planning and Zoning Commission Regular Meeting
February 14, 2006
an additional traffic study will need to be submitted to identify any improvements
necessary to offset the impacts of the commercial development, both from a
concurrency standpoint as well as operational issues.
DEVELOMENT COMMITTEE REVIEW
The DRC met on February 6, 2006, and recommended the Planning & Zoning
commission recommend approval of the Final Subdivision Plan, subject to the
developer making changes to the plans based on staff comments prior to the City
Commission meeting.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, Staff respectfully recommends that
the Planning and Zoning Commission recommend approval of the Final
Subdivision Plan for Wesmere Property, as date stamped received by the City on
January 26, 206, subject to the developer making changes to the plans based on
the attached staff comments prior to the City Commission meeting.
PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS
Member Keller inquired why the sidewalk was reduced from eight feet to six feet.
Planning Manager Armstrong said that one deviation from what the Preliminary
Subdivision Plan was that the sidewalk was reduced by two feet from the
town home entrance all the way back to the school site because of safety concerns
that might occur once the school is complete. They based this decision on safety
issues occurring at others schools from cars stacking up along side the road going
into schools. Member Keller was concerned that young children riding bikes
around walkers on the sidewalk need wider space and now will not have that.
Community Development Director Wagner stated the smaller sidewalk would
actually be safer for the children because they would not be as close to the road.
Member Keller. seconded bv Member West. moved to recommend aDDroval of
the Final Subdivision Plan for Wesmere Propertv. as date stamped received bv
the Citv on Januarv 26. 2006. subject to the developer makina chanaes to the
plan based on the attached staff comments prior to the Citv Commission meetina.
Motion carried unanimouslv.
WESMERE TOWNHOMES - FINAL SUBDIVISION PLAN
Planning Manager Armstrong said the Villages of Wesmere is located on Lot 3
of the Wesmere Property. More specifically, the property is located on the east
side of Maguire Road, north of Cross Creek subdivision and south of the Tomyn
Boulevard extension.
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Planning and Zoning Commission Regular Meeting
February 14, 2006
Planning Manager Armstrong stated access into the subject site will be provided
from the east side of Maguire Road, across from Wesmere Parkway and on the
south side of the Tomyn Boulevard extension. The proposed extension will be
constructed prior to or concurrent with the town home development by the
Wesmere Property master developer. The property is zoned Multiple-Family
Dwelling (R-3) and is designated as High Density Residential on the Future Land
Use Map (FLUM). She presented the Master Site Plan of the development. The
subject property comprises 369 fee-simple town home lots totaling 49.48 acres.
She explained that, based on the traffic study, traffic exiting onto Tomyn
Boulevard would have a full signal and be making northbound turns onto Maguire.
Planning Manager Armstrong stated recreational facilities proposed include a
clubhouse, swimming pool, tot lot, volleyball/tennis/basketball court and a multi-
purpose field. The development is proposed to be a gated community with
decorative black aluminum swing gates. A brick wall will be along Maguire Road
and the first part of Tomyn Boulevard to the entrance point of the subdivision, and
then will transition to a PVC vinyl fence running to the school property. In addition
to fencing along Cross Creek, a 15' preserved tree buffer is proposed between the
fence and the town home units. An easement is provided to be dedicated to the
City for the existing access road to the City's south water plant, located adjacent
to the southeast corner of the property.
Planning Manager Armstrong said that barrel tile roofing was proposed and the
developer has committed to providing such; however, if the necessary quantity
was unobtainable, then similar architectural roofing would be used upon approval.
Mrs. Armstrong stated a Traffic Signal Warrant Analysis Study was submitted
and only one warrant was issued at this time; possibly other warrants could be
met once school is put in. Based on the study, three options were given:
Option One - Signal installed to operate during peak hours and blink
during non-peak.
Option Two - Signal not installed and looked at in the future.
Option Three - Signal installed to operate full time.
Mrs. Armstrong said this item would go before City Commission soon and they
would have to determine the cost sharing of the traffic signal and who would pay
for what. She stated that a traffic signal would definitely be installed at the
Tomyn/Maguire intersection.
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Planning and Zoning Commission Regular Meeting
February 14,2006
DEVELOPMENT REVIEW COMMITTEE
The DRC met on February 6, 2006, and determined that the plans could be
revised based on staffs comments before the City Commission meeting. The
DRC voted unanimously to recommend approval of the Final Subdivision Plan,
subject to the developer making changes to the plans based upon staff comments
prior to the City Commission meeting.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, staff respectfully recommend that the
Planning & Zoning Commission recommend approval of the Final Subdivision
Plan for the Villages of Wesmere Townhomes, as date stamped received by the
City on January 27,2006, subject to the developer making changes to the plans
based on the attached staff comments prior to the City Commission meeting.
DISCUSSION
Discussion ensued regarding the amenities within the development. Concerns
were expressed regarding the main entrance being on Tomyn, rather than
Maguire, and how traffic flow would be affected by that. The majority of board
members felt that the Maguire entrance way validated a traffic signal due to the
easy access from the main road going in and out at that road, rather than the
Tomyn entrance.
Ben Shiemaker, Vice-President of Wesmere Development, said he had some
experience with developing houses on Maguire Road and in the Windermere
area. The signalization study shows that twenty percent of the traffic would be
coming from the new subdivision and eighty percent from the existing Wesmere
subdivision. He believes that common sense tells two things:
(1) Wesmere already has a traffic problem turning north out of the
subdivision and the new development having a traffic signal only at
Tomyn Rd. would encourage all left hand turns to use that intersection
due to the convenience of it.
(2) In regards to putting a signal in from the existing Wesmere subdivision,
that would only encourage people to use the Maguire Road access in
and out of the new development, which is what they want to avoid. He
believes that would cause potential problems for students crossing the
road.
Mr. Shiemaker said that even though a traffic signal in front of the Wesmere
Villages would be beneficial for them, it would also cause more traffic problems in
the future. He also said that the distance from the Tomyn Road traffic signal and
this proposed signal is not significant enough and would cause yet another traffic
problem. However, another traffic signal may be feasible in the future.
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Planning and Zoning Commission Regular Meeting
February 14, 2006
Bob Jensen, President of Wesmere Maintenance Association, spoke on
behalf of the residents of Wesmere about the current traffic issues in and out of
the subdivision and why they wish to have a traffic signal installed. Mr. Jensen
said the citizens of Wesmere would like to welcome Morrison Homes with two
caveats: (1) the traffic signal is installed, and (2) tile roofing is put on homes.
Marc Stehli said, with respect to the two caveats, they agreed to the tile roofing
granted they are able to obtain the necessary supply. Otherwise, they will bring
alternative roofing options to the Planning and Zoning Commission for final
approval. He stated, with respect to the traffic signal, that a more realistic study
can be done once the school opens. He agreed that right in/right out turn lanes
only on Maguire Road was an option. Another option would be to adjust the
speed limit to 20 mph in that section.
Community Development Director Wagner stated that the traffic study
performed was a very constructive analysis and the issue is timing and how the
signal would be paid for. That is something the City Commission would have to
determine.
Bob Jensen stated the traffic study analysis was conducted in June when school
was out of session and when construction work had a good portion of Maguire
Road closed to traffic coming from Windermere. He believes that those two things
swayed the results of the traffic study. Julie Scalvo, RFG, said that she was in
charge of the traffic study and explained that most traffic counts are done when
school is out of session and that is factored into the results. She also mentioned
that the east/west traffic was the problem they were analyzing and not the
north/south traffic; however, the east/west traffic was what issued the warrant that
they received. As far as obtaining another warrant, the intersection was two car
accidents short per their criteria.
PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS
Member Conklin said that he personally travels Maguire Road a lot and,
regardless, a traffic light does need to be installed and he would like to see that
stipulated in the motion. He stated the longer they wait the more expensive it will
be.
Member McKey moved to recommend approval of the Wesmere Townhomes. as
date stamped received bv the Citvon Januarv 27. 2006. subject to the developer
makina chanaes to plans based on the attached staff comments prior to the Citv
Commission meetina and the followina additional recommendations: (1)
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Planning and Zoning Commission Regular Meeting
February 14, 2006
immediate installation of a traffic sianal with the operation determined bv the Citv.
and (2) additiona/parkina in the development to make three spaces per unit. .
The motion was rescinded due to the lack of a second.
Member McKey. seconded bv Member West. moved to recommend approval of
the Wesmere Townhomes. as date stamped received bv the Citvon Januarv 27.
2006. subject to the developer makina chanaes to plans based on the attached
staff comments prior to the Citv Commission meetina. and include the additional
recommendation that Citv Commission reauire the traffic liaht to be installed at the
time of development of the project with compliance of either options one or three
of the staff report. and determine the fundina source. subject to the approval of the
Wesmere Propertv Project opposite Lot 3. Motion carried unanimouslv.
MISCELLANEOUS
Community Development Director Wagner thanked everyone for attending on
Valentine's Day.
ADJOURNMENT
The meeting adjourned at 9:52 p.m.
Attest:
tf~~~dG
Holly Aycoc , A inistrative Assistant III
12
MARY COSTANTINO,
768 MIDDLE RIVER DRIVE
FORT LAUDERDALE, FLORIDA 33304
Telephone 954563-5168 566-4704
Fax 954 563-5168
mscstantino@comcast.net
F!-~ -9 r
Fe. 6,2006
City of Ocoee
Planning and Zoning Commission
150 Lakeshore Drive
Ocoee, Fl. 34761
Re: Public Hearing # 01-05-SE-007
Dear Commission,
I have been a property owner in Ocoee for 23 years and I am very familiar with the location and
history of the rental space to be considered for the Special Exception. It is well away from the
major intersection, has ample parking and is ideally suited for "Church" use. I support
granting the Special Exception
The space has been empty for several years and there is no good reason why it should not be
granted the requested Special Exception.
Sincerely Yours,
~(f~
Mary Costantino
re: L\V\V\lj Wa\ers
G:d IS tac \-o'r~